St. Landry democrat. (Opelousas, La.) 1878-1894, 1887-07-21
THE ELECTION FOR JUDGE.

tive, which show that he regards bis
Office as his personal property, to be
used at viii for the personal and politl-
none is more fragrant than his recent
usurpatlOn OF authority to fill three
fourths of the unexpired term of
Judge Hudspeth by an appointee of his
own. The constitutional provision and
the act OF the Legislature in pursuance
thereof, are plain enough to be under
stood by the most ordinary mind. They
provide i'll as unmiStakabie terms AS
could be employed, for an early cleo
ton III case of "a vacancy. These ordi-
nances were quoted by US in our last
issue, and need not be reproduced.
We propose now to show that there
is not shadow OF legal basis for the
pretext given out by the Governor. As
the Governor took two weeks to con-
slider the matter, and in the meantime
had ample opportunity to communi-
cate with and consult his friends in this
district, it might be guessed that when
the proclamation was issued the pretest
was ready. Previous to that time there
was Il general suspicion here that some
thing would be hatched up to defeat
the right Of the people to fill the un-
expired term; but there was no hint
OF purpose to find an excuse in the
law itself, until the dispatch announcing
ut alnr,
Then, instantly, the followers Of the
administration at Opelousas, began to
give out the secret-the polling places
and precincts had to be changed and
that could not be done within six
months of an election.
Had any such pretended difficulty
been suggested in this district, the
disclosures Of the pretext would have
kept back until the Governors action
put the matter beyond recall. The
reasons given by the Governor, in the
letters written to the police juries of
st. Landry and Acadia, are based upon
a misstatement of the law as we'll as of
the facts of the case. Here is his letter:
EXECUTIVE DEPARTMENT,
State of Louisiana,
Baton Rouge, May, 8, 1887. }
To the President of the Police Jury,
Crowley, Parish of Acadia:
Dear Sill have, by proclamation,
fixed the 27ti day of December. 1887,
for the special election for Judge in tho
district composed OF the parishes Of st.
Landry and Acadia. The creation of
the parish OF acadia viii require the
TetiXlng of precincts and polling places |
i'll the parishes OF Acadia and St. Ian
dry. The law requires that polling
places shall not be changed except by a |
vote of twothirds of the members of |
the police jury. given in favor of said |
fixed at the above date, 9th OF Deem |
said parishes the necessary time to
make said changes.
Respectfully. yours,
s. d. McENERY, Governor.
The Governor says that the polling
places cannot be changed except by the
police juries, referring doubtless to
clause of section II of act So approved /
April 18th, 1877, which reads:
The precincts and polling places, or
any one OF them once established I'M
der this act, shall not be changed, ex-
cept by vote of two thirds of all the
members OF the police jury given in
favor OF said change at two different
meetings of the police jury, and then
not within six months prior to a general
election"
1t suits the purpose of the Governor
III the present instance, to invoke this
very just and proper provision OF law
signed and approved by Governor
Nichols; but he failed to state that
section 5 of act No. 101, caucus meas
ure, approved and signed by himself,
July 9th, 1882, takes array from the
police juries the function of control
ling the polling places, and expressly
confers the authority upon the return
ing officer who, in the language OF that
section, shall appoint the commits
sioners OF election, and designate the
polling places in each election precinct"
In this parish, and doubtless throu,-',-
out the State, the returning officer has,
since the passage of act 101, always ex-
ercised the right to designate the cleo
tion polls; and that, without any refer
ence whatever to the time OF changing
Or establishing polls.
But the Governor does not venture,
over his signature, quite as far in mis-
stating the law, as does the Times |
Democrat in its editorial OF the 18th
and the correspondent of that {
paper in his dispatch from Baton Rouge
IT the 14th instant. The correspon- I
lent states tflat he g called at the Ex- I